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AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....e writ petitioner, has taken us through the writ petition and submitted that, the writ petitioner was appointed as an officer in the post of Terminal Supervisor in the then Pakistan National Oils Company Ltd, now Jumuna Oil Company Ltd, a subsidiary of Bangladesh Petroleum Corporation, in Grade-III ......pondent No. 4 demoting the petitioner in the lower position of Manager, Technical and Special Project (MT & SP), evidenced by Annexure-F to the writ petition, should not be declared to be without lawful authority and of no legal effect. 3. Perused the writ petition, affidavit-in-opposit..Category: Employment/Service Law | Date: | Hits: 66
.... made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner is a private limited company. Petitioner No. 2 is the Managing Director of the petitioner No. 1 Company. The respondent No. 1......and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....se was taken up by the learned Magistrate when the Investigation Officer of Patenga Police Station applied for permission to examine the vessel and Thai Bath. The learned Magistrate without observing any of the legal formalities framed charge against all the accused crews under section 22 of the Mar...... and 22 of the Marine Fisheries Ordinance, 1983 corresponding to GR No. 1003/2000B/633/2000 confiscating the vessel FV Shin Fa Chern # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ablish Saw Mills and Sawpits within the district of Sylhet. Rule 9 of the aforesaid Rules, 1951 provides for sanction/licence to establish Saw Mill or Sawpit within one mile of the cold season bed of any river or channels of the Sylhet district. The elder brother of the petitioner applied for a lice...... 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect and why Rule 8(1) of Rules, 1998 shall not be declared..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....evenue informed the petitioner that the decision of the review committee is final and conclusive under rule 59A (6) of the Income Tax Rules. The petitioner alleged that no decision was ever passed by any review committee under rule 59A (6) as mentioned by the National Board of Revenue in the letter ......2) Anu; 1/2000/2653), File No.11(302) Anu: 1/2000/571 dated 4-4-2001 (Annexure-B) and File No.11(302) Anu: 1/2000/933 dated 31-5-2001 (Annexure-B 1) should not be declared to have been issued without lawful authority and are of no legal effect and why respondent Nos. 1-2 should not be directed to wi..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem l......ction, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit a..Category: Election Law | Date: | Hits: 87
....on them to apply to the UNESCO to declare the Bangladesh National Assembly Complex as a World Heritage Site. There was a further prayer for an injunction restraining the respondents from carrying out any further construction of the impugned project.
6. Respondent No.1 filed an affidavit-in opposi......ker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 the Central ..
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Agricultural Products Processing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 f......cultural Products Processing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 float..Category: Business or Commercial Law | Date: | Hits: 186
....en through such lands which have been acquired by the Cantonment Authority. But the petitioner without complying with the aforesaid provision of PBS policy instruction tiled the writ petition without any legal basis. The respondent is empowered under section 19 of the Rural Electrification Board Ord......ian No. 19(Former), 16(Present) Dag No. 363 (Former), 646 (Present) Jote No. 293 (Former), 1532 (Present) total 71 decimals of land and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..
Category: Others | Date: | Hits: 146
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....hat the Director of Land Records is empowered to make such an order dated 10-7-2001 marked Annexure C to make necessary correction in the record of rights, if necessary and that the Rule is devoid of any substance and, as such, it is liable to be discharged with costs. 5. Respondent No. 4 has als......pondent No. 1) and the order dated 1-7-2002 passed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) should not be declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, m..Category: Property Law | Date: | Hits: 62
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....e been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus: The respondent No.2 was employed as Waiver of the petitioner's company and he was dismissed from service by order dated 21-7-1996. Thereafter, the respondent No.2 file......as to why the impugned Judgment and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..Category: Employment/Service Law | Date: | Hits: 67
....)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Faruque Hasan…………………………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases Referred to-
Abd...... Islam Avenue, Karwan Bazar, Commercial Area, Tejgaon, Dhaka to the office of the respondent No.1 in the Transmission Department at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....period of sentence of 3(three) days has only been awarded taking into consideration the old age of the accused-petitioner. Moreover, section 417A(2) of the Code of Criminal Procedure does not provide any scope to prefer any appeal by such a person who is not a complainant. In the instant case, since......ence, but it does not include the report of a police officer." 13. So, the above definition of the complain has clearly brought the petition filed by the opposite-party No. 2 on 7-10-85 for taking lawful action against the accused petitioner comes within the ambit of "complaint" against such a pe..Category: Criminal Law | Date: | Hits: 60
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is the proprietor of M/s MA Salam and Company. The respondent No. 1 is a Special Court constituted under section 4 of Bankruptcy Act, 1997 and...... No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Civil Law | Date: | Hits: 131
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....tioners are constrained to file this writ petition challenging the validity of the impugned order (Annexure-E) and obtained the present Rule. 7. The respondents contested the Rule but did not file any affidavit-in-opposition denying material allegations and claim of the petitioners. 8. The que...... the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respond..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....3) dated 5-3- 2000 (Annexure-C) upon specific terms and conditions. The petitioners now stand aggrieved by the fact that subsequent to the said appointments of the respondent Nos. 6 to 13 and without any prior notice to that effect having been given to the petitioners, the respondent Nos. 2 to 5 ame......eer prepared by Memo No. 65-Paubo (Kop)/B-l/Sha-l//l-Ja-1/95 dated 2-3-2000 thereby fixing seniority of respondent Nos. 6 to 13 above the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed ..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....e suit. 2. The opposite party as plaintiff instituted the instant title suit for a decree of permanent injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time.......t an agreement enforceable by law is a contract. Section 10 of the Contract Act provides that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not, by the Contract Act, expressly declared ..Category: Business or Commercial Law | Date: | Hits: 209
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... the respondent No. 3, Janata Bank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for he...... respondent No. 3, Janata Bank, KD Ghose Road, Corporate Branch, Khulna making a demand of Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearin..Category: Civil Law | Date: | Hits: 125
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....obtained a copy of that representation from the office of respondent No.4, and prayed for holding an enquiry against the petitioner for his alleged misconduct. The representation cannot be treated as any confidence motion against him, the petitioner. The Assistant Director of Local Government, Deput......ng Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the action of respondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposal of the Rule are:..Category: Election Law | Date: | Hits: 83
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....istering necessary sale deed in respect of schedule-1 (Kha) in spite of receipt of Taka 6,54,770. On 11-8-97 the plaintiff came to know from the officials of the Ministry that they would not give him any sale deed. Hence, the plaintiff was constrained to institute the suit. 6. Defendant No. 4, Go...... as lessor of said 1-(kha) property. Determination of the value of the property by any order of said Ministry or payment of any money on the basis of such determination must be held to be without any lawful authority and jurisdiction. The Ministry of Industries was never in management and possession..Category: Property Law | Date: | Hits: 159
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